SETTLEMENT PAYMENTS
The settlement administrator will begin sending payments from a $37,515,000 initial settlement distribution on April 6, 2020.
Tier 1:
- 15,006 Tier 1 payments in the amount of $2,500 each will be sent to class members via USPS or international wire.
- 3,085 Tier 1 payments are being held back for deficiency processing and/or lien resolutions. That process is ongoing and those class members will be receiving correspondence soon from the administrator on the deficiencies and/or lien resolution process.
Tiers 2 and 3:
- Claims processing is ongoing and will take an uncertain amount of time to complete by the Special Master Panel established through the settlement. We will post an updated when a timeline has been scheduled.
A PATTERN OF IMPROPER BEHAVIOR
In 2018, Hagens Berman filed a class-action lawsuit against the University of Southern California and Dr. George Tyndall, the full-time gynecologist at USC's student health clinic. According to investigations, Tyndall sexually harassed, violated and engaged in wildly inappropriate behavior with female students who sought his medical care. News outlets state he saw tens of thousands of female patients during his time at USC. The university knew of his behavior since at least the 1990s.
Reports state Dr. Tyndall's behavior included inappropriate touching, unnecessary penetration with his hands, lewd comments, photographing hundreds of his patients, and other acts of sexual harassment. Some colleagues were concerned Dr. Tyndall targeted USC's Chinese students.
Hagens Berman fought for those who were abused and harassed by Dr. Tyndall.
USC'S COVER-UP
Official complaints of Dr. Tyndall's behavior began to surface at USC in the 1990s, but despite the university's knowledge of Dr. Tyndall's behavior, it did not report him to the agency responsible for protecting the public from problem doctors. USC did nothing, for decades, as more and more female students were sent into Dr. Tyndall's office.
Both patients and nurses at USC accused Dr. Tyndall of "creepy" behavior, including inappropriate touching of his patients. Still, despite this knowledge, the university balked, allowing him to continue to practice. Not until 2016 was Dr. Tyndall finally suspended after a nurse approached USC's rape crisis center. According to the Los Angeles Times, "...in a secret deal last summer, top administrators allowed Tyndall to resign quietly with a financial payout."
USC did not act on its knowledge of sexual harassment and the violation of its students by its own employee. USC did not notify Tyndall's patients or patients' parents when he was suspended. USC did not report Dr. Tyndall to the Medical Board of California.
SEXUAL HARASSMENT LITIGATION
Hagens Berman's attorneys are experienced in representing victims of sexual harassment and assault. The firm represents six women on behalf of a class of all victims who were harassed or otherwise assaulted by Harvey Weinstein, seeking to hold him and his co-conspirators accountable for a years-long pattern of sexual harassment and cover-ups.
Hagens Berman's attorneys also achieved a nationwide sexual harassment settlement on behalf of 16,000 women and also tried the first ever sexual harassment case in Washington state.
KNOWING YOUR RIGHTS AND PROTECTIONS
If you experienced sexual harassment or other inappropriate actions, contact our legal team. Our secure messaging service offers a safe space to those speaking out. Your information and comments will be sent directly to our legal team.
Our firm strives to protect the rights and safety of victims everywhere. Let us take a stand for you.
CASE TIMELINE
Pursuant to the terms of the Second Amended Settlement Agreement, the timeline going forward will include the following dates:
- Effective Date of the settlement, absent appeals: Mar. 27, 2020. The effective date is “the date on which the time for filing an appeal from the Court’s final approval of this Agreement has either expired without an appeal being filed, or if later, after any appeal has been fully resolved upholding the Agreement…”) per the settlement agreement.
- Deadline to begin issuing Tier 1 payments to all eligible class members: Apr. 6, 2020.
Official settlement website: usctyndallsettlement.com
Emailed notice of the class action settlement has been sent to pre-identified class members and potential class members. Settlement notice packets will also be sent by U.S. mail. The updated official settlement website www.usctyndallsettlement.com is live. Individuals now have the ability to file a claim online. Note: the deadline to submit a claim is November 8, 2019.
Our new Myth vs. Fact settlement guide will help steer you through the latest case information as the suit culminates. Get the facts here » USC, Dr. Tyndall Settlement Myth vs. Fact
In light of Judge Wilson's order issued on Apr. 28, 2019, Hagens Berman's Steve Berman stated, "We appreciate Judge Wilson's careful scrutiny of this landmark settlement, and look forward to resolving his concerns. As is stated in the order, 'The Court takes no issue with the substantive terms of settlement between Plaintiffs and Defendants, and the Court believes that the proposed settlement, as is, ultimately may be fair and reasonable under the prevailing standards.'
"This settlement gives every single woman who saw Tyndall a choice in how they want to participate and hold USC accountable, while also forcing the school to change to ensure this doesn't happen again. We are confident our renewed motion for preliminary approval will address the Court’s concerns, lead to approval of this agreement, and provide these survivors the relief and measure of closure they deserve."
USC students and alumna have filed a class-Action settlement resolving claims related to gynecologist George Tyndall, M.D. that will require USC to adopt and implement procedures for identification, prevention and reporting of sexual and racial misconduct, as well as to recognize all of Tyndall’s patients through a $215 million fund that gives every survivor a choice in how to participate. The settlement is subject to court approval.
The settlement’s three-tier structure allows class members to choose how much they want to engage with the claims process. Those who do not want to revisit a private, traumatic event can simply keep the guaranteed Tier 1 payment of $2,500. Those who choose to provide additional information in a claim form about their experience with Tyndall and how it affected them are eligible for up to $20,000 and those who choose to provide an interview are eligible for up to $250,000. The special master and her team of experts will evaluate claims and allocate awards to Tier 2 and Tier 3 claimants. This focus on choice ensures that all class members receive compensation while giving each class member the autonomy to decide for herself how involved she wants to be in the settlement process.
Payment for each class member will be determined as follows:
Tier 1: Every class member is eligible for a Tier 1 payment of $2,500, simply by virtue of being a Class member. The Tier 1 payment is simply a guaranteed minimum payment; all class members are also eligible to make claims for Tier 2 or Tier 3 payments. Under no circumstances will a class member be required to return a Tier 1 payment.
Due to limitations in USC’s records, class members will receive their Tier 1 payments in one of two ways:
(i) Those class members identified through USC’s existing health center records (which cover the majority of the class period), will be automatically mailed a Tier 1 payment check for $2,500 once the settlement is final. Class members will be notified if they have been pre-identified as class members through USC’s records.
ii) Those class members who cannot be identified through USC’s records must submit (online or by mail) a simple signed Statement of class membership Form. The claims administrator will then confirm student status or, for non-students, evaluate the claimant’s evidence of Class membership. Tier 1 payments of $2,500 will be sent upon confirmation of class membership.
Tier 2: Each class member has the option to submit an online or written claim form describing her experience with Tyndall, the impact on her, and the harm she suffered. The special master’s team will assess each claim form, and if determined credible, and that the conduct or statements described fall outside the scope of accepted medical standards of care applicable during the relevant time, or that the conduct or statements are otherwise actionable, the special master will award a Tier 2 payment between $7,500 and $20,000.
Tier 3: Tier 3 is for class members who, in addition to the written claim form, are willing to provide information about their experience and its impact in an interview by the special master’s team. That team will assess each claim form and interview, and if determined credible, and that the conduct or statements described fall outside the scope of accepted medical standards of care applicable during the relevant time, or that the conduct or statements are otherwise actionable, the special master will award a Tier 3 payment between $7,500 and $250,000, subject to pro rata adjustments.
Some key features are:
- Accountability: Defendants will pay a total sum of $215 million to the class, net of attorneys’ fees and costs. USC will implement institutional changes to protect students and prevent abuse. These changes were developed by leading experts in the field, and include policy and procedure changes at the USC Student Health Center; appointment of an independent women’s health advocate; and convention of a task force—including an independent expert specializing in university best practices related to prevention and response to sexual assault and misconduct—to recommend university-wide changes to prevent sexual violence on campus.
- Immediacy and Certainty: Providing compensation to class members should not take years of risky and re-traumatizing litigation. The settlement offers guaranteed relief to victims far more quickly than protracted litigation with its uncertain results.
- Choice and Sensitivity: The settlement’s three-tier claims structure allows class members to choose whether and in how much detail they wish to tell their story. Tier 1 is for those who do not wish to engage; every class member is eligible for a guaranteed minimum $2,500 payment, no questions asked. Those payments will be automatically sent to all known class members; any other class member need only submit a simple statement of class membership to claim her Tier 1 payment. In addition to the guaranteed minimum, every class member is eligible to make a claim for up to $250,000. Those who wish to tell their story in writing on a simple claim form are eligible for up to $20,000 (Tier 2). And those who choose to further engage by providing an interview are eligible for up to $250,000 (Tier 3). All Tier 2 and 3 claims will be evaluated by a court-appointed independent special master who will also make all allocation decisions.
- Simplicity: The Settlement’s claims process is simple by design—no action for Tier 1, simple claim form for Tier 2, simple claim form and interview for Tier 3. This is to make the process easier and more comfortable for victims, and to ensure they can complete it without having to hire an attorney. To the extent any Class member wants help navigating even this simple process, Interim class counsel stand prepared to provide all necessary assistance, without reducing class members’ compensation by taking any attorneys’ fees or costs out of it.
- Privacy: The settlement structure and process is designed to provide a safe, private place for victims to tell their stories—to the extent and in the way they choose—and get compensation for the harms they suffered without having to go through invasive, adversarial, public, slow and risky litigation.
On October 19, 2018, hundreds of current and former students of the University of Southern California reached a proposed settlement in a class-action lawsuit against the university and Dr. George Tyndall for his alleged decades-long sexual abuse of patients that persisted despite USC’s knowledge. The settlement provides for a $215 million common fund.
Today, hundreds of current and former students of the University of Southern California reached a $240 million proposed settlement in a class-action lawsuit against the university and its former gynecologist, Dr. George Tyndall, for his alleged decades-long sexual abuse of his patients that persisted despite USC’s knowledge, according to Hagens Berman. Read the press release »
Hundreds of you have already come forward to speak your truth about the unacceptable behavior and abuse from USC's Dr. George Tyndall. Today, another woman has chosen to tell the world about the horrendous reality that women can and are abused by the people they entrust with their healthcare - their own family doctors and gynecologists. Renown journalist Connie Chung has bravely stepped into the spotlight to share her recollections and the aftermath of the assault she suffered. Read or listen here (content warning: sexual assault).
At Hagens Berman, we are fighting to make the world a safer place for women, both to come forward in safety and strength to speak about abuse, and to stop it from happening in the first place. Our attorneys welcome you to join our fight.
At Hagens Berman, we believe no one is above the law, and that no position of power should shield someone from being held accountable.
Right now, we are witnessing the silencing, belittling and abuse that women everywhere in this nation are subjected to. They are subjected to a system that does not respect them. Judge Brett Kavanaugh’s continued nomination to the Supreme Court, and the backlash against the brave survivors who have stepped forward to report sexual assault, are both unacceptable.
We believe survivors. Our firm’s sexual harassment attorneys have protected their rights for decades throughout their legal careers, and we are dedicated to upholding the rights of the most vulnerable. Women should be heard, respected and protected from systemic abuse.
On Aug. 27, 2018, Hagens Berman, on behalf of the plaintiffs' executive committee filed a 141-page consolidated class-action complaint in order to streamline the lawsuit. The consolidated case for In Re: USC Student Health Center Litigation includes 51 total plaintiffs and an expanded fact section. This filing combines all of the firm’s previous filings, as well as those of other firms named to the suit’s leadership committee. This will be the operative complaint for the class action in federal court.
Please note: Your protection is our firm's top priority. If you wish to remain anonymous in your potential case, Hagens Berman will request that the Court permit you to proceed anonymously as a Jane Doe. Remaining anonymous in filing your case will allow you to avoid the spotlight.
Our attorneys have experience in protecting plaintiffs who wish to remain anonymous, both as whistleblowers and as survivors of sexual misconduct.
On Aug. 14, 2018, U.S. District Court Judge Stephen V. Wilson selected Hagens Berman to chair the committee prosecuting the lawsuit.
On June 22, 2018, the firm submitted documents proposing that the court consolidate the many filed cases against USC and Dr. Tyndall, in order to streamline the lawsuit. In consolidating class-action cases, the court routinely appoints leadership positions. Hagens Berman will be in charge of prosecuting the case on behalf of the class in federal court and will lead the court-appointed Plaintiffs’ Steering Committee consisting of Hagens Berman and two other prominent firms. read more »
